How is my work comp check calculated?

Today’s topic is to review how the compensation rate is calculated.

It  all starts with the Average Weekly Wage (AWW). The average weekly wage is based on an average of gross income earned in the 13 weeks preceding the accident, not counting the week in which the accident occurred. “Second job” wages may be included so long as taxes were paid on that income and the worker was a covered employee for workers’ compensation at the second job.

Special rules apply when the injured worker was not employed for a full 13 weeks preceding the accident. Sometimes a similar employee’s wages are used. If there are no similar employees, sometimes the “contract of hire” is used where the hourly rate is multiplied by the hours the employee typically worked.

In my experience, insurance companies will use whatever method saves them money and pays you less.

If you have any doubt as to the accuracy of your AWW, please contact me for a free consultation.

In our next post, we will discuss when Temporary Total Disability benefits (TTD) are paid and how they are calculated.

Stay Tuned!

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Agdha R. of Naples, Florida

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Aleida C. of Naples, Florida

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Joyce S. of Naples, Florida

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Actual Case Results

Brent M. vs. Jackson Total Service/AARLA
Outcome: We won. Workers’ compensation was ordered to authorize neurological treatment for our client’s neck and left arm injuries.
Kelly C. vs. Boran Craig Barber Engle Construction/United Seif insured Services.
Outcome: We won. Workers’ compensation checks in excess of $40,000.00 were awarded to the claimant.
Inese T. vs. Bud’s Diner/The Travelers Companies
Outcome: We won. The judge ordered that workers’ compensation authorize a cardiac catheterization procedure for our client.
Frank R. vs Rock and Creek RV Resort/Claims Center
Outcome: We won. Workers' compensation was ordered to authorize a trial spinal cord stimulator for our client.
Robert M. vs. Newspress/Travelers Insurance Company
Outcome: We won. Workers’ compensation checks were awarded to our client.
Inese T. vs. Bud’s Diner/The Travelers Companies
Outcome: We won. The judge ordered that workers compensation authorize a cardiac bypass surgery for our client.
Beverly L. vs. Staff Leasing/Liberty Mutual Insurance Co.
Outcome: We won. Compensability of the workers’ compensation claim was awarded, as were various medical benefits and compensation checks.
Karen W. vs. Sunsplash Market & Cafe/Kemper National Services
Outcome: We won. The judge ruled that workers' compensation must authorize a psychiatrist for our client.
Miguel C. vs. Bralew Inc./Diversified Inc/Employers Advocate Ins.
Outcome: We won. Having previously secured a psychiatrist for our client, the judge awarded an workers’ compensation attorney fee at the expense of the insurance company.
Joseph B. vs. LMF Construction/Guarantee Insurance Co. and Mud Slingers, Inc./Bridgefield Employers Insurance and BCBE Inc./USIS
Outcome: We won. Compensability of the workers’ compensation claim was awarded, as were various medical and compensation benefits.
Daniel G. vs. Decks Unlimited/Sterling Cooke
Outcome: We won. The judge of Compensation Claims ordered workers’ compensation to authorize a facet rhizotomy procedure.

Serving All Of Southwest Florida

Whether you're looking for a Ft. Myers work comp lawyer or a Naples work comp lawyer, we've got you covered. We have offices in both Lee and Collier counties to best serve all of Southwest Florida’s injured workers. Wherever you are, I can help you.